Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 572/2018 SUIT 109975/1991 1
CNR.NO.MHCC010021642018
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO.572 OF 2018
IN
SUIT NO.109975 OF 1991
Ms.Mariene D Randheria & Ors. ...Applicants
(Org.Plaintiff)
In the matter of
1A. Ms.Mariene D. Randeria & Ors. .. .. Plaintiffs
Versus
Messrs Marcks & Co.& Anr. ...Defendants
Shri.Patel advocate for the Plaintiffs.
Coram : Her Honour Judge
Smt. Pushpa N. Rao
Ad hoc Judge
CR No. : 32
Dated : 28th September 2018
ORDER
1. Plaintiff taken out this motion for production of the original
document mentioned in the motion.
2. It is the contention of plaintiff in the motion, that while searching
certain other documents in the house of his father, he came across
certain document which have bearing on the out come of the presence
suit. As he trace out the document on 05.02.2018 therefore,
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NM 572/2018 SUIT 109975/1991 2
immediately takeout this motion for production of these document on
record. Hence, this motion.
3. Defendants filed reply on the motion. Defendants had denied all
the avarment in the motion. It is also denied by the defendant that
plaintiff had trace out the document mentioned in the Motion on
05.02.2018. Present plaintiff is not conversant with the documents and
facts of the present case. Therefore, motion can not be allowed and
prays that motion be dismissed with costs.
4. Heard learned advocate Shri. Dalal for plaintiff. Advocate for
Defendant absent.
5. According to plaintiffs the document which he has to placed on
record by way of this motion are trace out to him on 05.02.2018 and on
the next date he has taken out this motion, therefore there is no delay
on his part. According to plaintiff, these documents are bearing on the
out come of the suit. Plaintiff is ready to file his additional affidavit of
evidence for exhibiting of documents. Defendant is at liberty to cross
examine about the contents of these documents.
ORDER
1.Notice of Motion No.572/2018 is allowed for production of original
documents mentioned in the motion.
2.Plaintiff is allowed to file his additional affidavit of evidence only with
respect to the documents mentioned in the motion .
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NM 572/2018 SUIT 109975/1991 3
3. Plaintiff is directed to remain present on the next date without fail for
exhibiting of document and crossexamination by defendant, if any.
Date :28/09/2018 (Pushpa N. Rao)
Ad hoc.Judge
City Civil & Sessions Court
Greater Mumbai
Direct typed on computer on : 28/09/2018
Signed by HHJ on : 28/09/2018
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
03/10/2018 at (3.20 p.m.) Mrs. J.V.Pawar
Name of the Judge (With Court room
No.)
HHJ Smt.Pushpa N Rao
C.R.No.32
Date of Pronouncement of
JUDGMENT/ORDER
28/09/2018
JUDGMENT/ORDER signed by
P.O.on
28/09/2018
JUDGMENT/ ORDER uploaded on 03/10/2018
.
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